Plaintiff Must Prove Service on Motion to Vacate Default Judgment by Erin Louise Palmer , Litigation News Contributing Editor – May 12, 2015
Plaintiff Must Prove Service on Motion to Vacate Default Judgment By Erin Louise Palmer , Litigation News Contributing Editor – May 12, 2015 Service by certified mail is insufficient to satisfy the plaintiff’s burden in a motion to vacate a default judgment, according to the U.S. District Court for the Eastern District of Pennsylvania . In Myers v. Moore , the district court granted the defendants’ motion to vacate a default judgment of more than $1 million where the plaintiff failed to demonstrate that the defendants had actual knowledge of the lawsuit and where the plaintiff failed to establish that she properly served the complaint on defendants or their authorized agents. Observers question how a plaintiff would satisfy these evidentiary hurdles. Plaintiff Awarded $1 Million Default Judgment The lawsuit arises out of a stage-diving incident at a music venue in Philadelphia, Pennsylvania. During a performance, the lead singer of the band Fishbone, Angelo C. Moore, dove into the crowd and knocked over the plaintiff, causing her serious injuries. The plaintiff sued Moore, John Noorwood Fisher (Fishbone’s bass player), Fishbone, Fishbone’s manager, and other parties associated with the venue for negligence and civil conspiracy in producing the concert and failing to warn the audience that the concert would feature stage diving. The plaintiff also sued Moore, Fisher, and Fishbone for assault and battery. After the plaintiff reached settlements with some of the defendants, the court dismissed the plaintiff’s claims against the non-settling defendants, including Moore and Fisher. The plaintiff brought another action on February 3, 2012, against the non-settling defendants for negligence, civil conspiracy, and assault and battery.
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